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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 1424 By: Howard and Bullard of the
Senate
and
Pfeiffer of the House
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to the Oklahoma Registered Poultry
Feeding Operations Act; amending 2 O.S. 2021, Section
10-9.5, which relates to applications to register or
expand poultry operations; establishing certain
responsibility; amending 2 O.S. 2021, Section 10 -9.7,
as amended by Section 1, Chapter 239, O.S.L. 2022 (2
O.S. Supp. 2023, Section 10 -9.7), which relates to
Nutrient Management Plans; provi ding that compliance
with a certain Nutrient Management Plan shall be
deemed compliant with Best Management Practices;
modifying requirements of a Nutrient Management Plan;
amending 2 O.S. 2021, Section 10 -9.11, which relates
to penalties for violations; increasing certain
fines; creating misdemeanor offense; authorizing
Oklahoma Department of Agriculture, Food, and
Forestry to take certain actions; requiring certain
administrative penalty to fund certain enforcement;
modifying provisions related to the gra nting of
certain relief; modifying provisions related to
certain notice; authorizing extension of time periods
for certain compliance; prohibiting use of certain
notice as evidence of certain relationship;
establishing the exclusive enforcement jurisdiction
of the Oklahoma Department of Agriculture, Food, and
Forestry for acts or omissions relating to the
Oklahoma Registered Poul try Feeding Operations Act;
creating a presumption that compliance with a current
Nutrient Management Plan insulates poultry growe rs,
operators, integrators, and waste applicators from
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any private right of action or any collateral
enforcement; establishing tha t the Oklahoma
Registered Poultry Feeding Operations Act grants
statutory immunity from nuisance liability;
authorizing civil actions for damages caused by
violation of a Nutrient Management Plan; updating
statutory language and references; and declari ng an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 10 -9.5, is
amended to read as follows:
Section 10-9.5. A. The State Board of Agriculture shall
provide the necessary forms and applications for any person desiring
or required to register a poultry feeding operation or expanding
operation.
B. The application to register to operate a new or previously
unregistered poultry feeding operation or expanding ope ration shall
contain, at a minimum, the following information:
1. Name and address of the owner and operator of the facility;
2. Name and address of the poultry feeding operation;
3. Number and type of poultry housed or confined;
4. Name and address of the integrator whose poultry will be
raised by the poultry feeding operation;
5. A diagram or map and legal description showing geographical
location of the facility on which the perimeters of the facility are
designated, location of waters of the state, including, but not
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limited to, drainage from the facility, poultry waste storage
facilities, and land -application sites owned or leased by the
applicant or which the applicant has contracted with for the
application of poultry waste;
6. A copy of the Nutrien t Management Plan, or proof of
application for such plan, Best Management Practices or any other
plans authorized by the Oklahoma Department of Agriculture, Food,
and Forestry;
7. A statement of ownership.
a. If the applicant is a corporation, the nam e and
address of the corporation and the name and address of
each officer and registered agent of the corporation
shall be included in the application.
b. If the applicant is a partnership or other legal
entity, the name and address of each partner and
stockholder with an ownership interest of ten percent
(10%) or more shall be included in the statement.
c. The information contained in the statement of
ownership shall be public information and shall be
available upon request from the Board;
8. The name and address of the person having day -to-day control
of the operation, if such person is not the applicant and is acting
as agent for the applicant;
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9. An environmental history from the past three (3) years of
any poultry feeding operation established and operate d by the
applicant or any other operation with common ownership in this state
or any other state;
10. Environmental awards or citations received or pollution
prevention or voluntary remediation efforts undertaken by the
applicant; and
11. Any other information or records required by the Department
for purposes of implementing the Oklahoma Registered Poultry Feeding
Operations Act or rules promulgated pursuant thereto.
C. In addition to other penalties as may be imposed by law, any
person who knowingly ma kes any false statement, representation, or
certification in, omits material data from, or tampers with any
application for registration shall, upon conviction, be guilty of a
misdemeanor and may be subject to a fine of not more than Ten
Thousand Dollars ($10,000.00) for each such violation.
D. The owner of a poultry feeding operation shall be
responsible for sending written not ification to the Department upon
changing integrators.
E. For a transfer of registration to a new owner, the new owner
shall register the operation pursuant to the rules of the
Department.
F. 1. All operators of poultry feeding operations and poultry
waste applicators shall attend educational courses on poultry waste
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handling. All such operators and applicators shall attend
educational training on poultry waste management as provided by
Oklahoma State University through the Oklahoma Cooperative Extensio n
Service. All current and new operators and applicators shall
receive the initial nine (9) hours of training in the first year a nd
two (2) hours of continuing education every year until the operator
or applicator has received a total of nineteen (19) hours of
training. Any operator or applicator may attend more hours than is
required,; however, those hours shall not be carried forward. Upon
receiving the nineteen (19) required hours, the operator or
applicator shall be required to receive two (2) hours of continuing
education every three (3) years. The Oklahoma Cooperative Extension
Service shall develop the educational training course to aid in
certification. Curricula for the training course will include the
Oklahoma Cooperative Extension Service Waste Management Facts waste
management facts series and record books or their current
equivalent. Courses for poultry waste man agement shall include the
following topics:
a. environmental process relevant to protecting water
quality in poultry production,
b. basic handling systems to manage poultry waste from
all types of poultry operations,
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c. nutrient management, including sampling procedures,
application rate determination, equipment calibration,
and record-keeping systems,
d. relevant laws and rules applicable to poultry waste
management in the State of Oklahoma this state, and
e. any other related subject as determined by Okla homa
State University in consultation with the Department.
2. At the completion of each course, the operator or applicator
shall receive a certification verifying completion. The
certificates shall be kept on site for five (5) years.
3. Failure to obtain th e initial nine-hour training and any
continuing education as provided in this subsection shall be deemed
a violation of the Oklahoma Registered Poultry Feeding Operations
Act for operators and the Oklahoma Poultry Waste Applicators
Certification Act fo r applicators.
4. All operators or applicators shall meet the educational
requirements of this section no later than December 31 of each year.
5. All operators and applicators are solely responsible for
obtaining and maintaining all educational requirements established
pursuant to the provisions of this subsection.
G. No integrator shall enter into any contract with an operator
of a poultry feeding operation who is not in compliance with the
education requirements of subsection F of this section.
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SECTION 2. AMENDATORY 2 O.S. 2021, Section 10 -9.7, as
amended by Section 1, Chapter 239, O.S.L. 2022 (2 O.S. Su pp. 2023,
Section 10-9.7), is amended to read as follows:
Section 10-9.7. A. All poultry feeding operations shall
utilize Best Management Practices and shall meet the conditions and
requirements established by subsection B of this section and by
rules promulgated by the State Board of Agriculture pursuant to the
Oklahoma Registered Poultry Feeding Operations Act. Compliance with
a Nutrient Management Plan developed under subsections B and C of
this section shall be deemed compliant with Best Management
Practices.
B. The criteria for Best Management Practices shall be
promulgated by rules by the Board and shall include, but not be
limited to, the following when developing Nutrient Management Plans :
1. There shall be no Measures designed to prevent the discharge
of poultry waste to waters of the state;
2. Stored Measures requiring stored poultry waste shall be
isolated from outside surface drainage by covers, ditches, dikes,
berms, terraces, or other such structures;
3. No Measures designed to prevent waters of the state shall
come from coming into direct contact with the poultry confined on
the poultry feeding operation; and
4. Poultry Measures designed to ensure that poultry waste
handling, treatment, management, and removal shall:
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a. not create an environmental or a public health hazard,
b. not result in the contamination of waters of the
state, and
c. conform to such other handling, treatment, and
management and removal requirements deemed necessary
by the Oklahoma Department of Agriculture, Food, and
Forestry to implement the Oklahoma Registered Poultry
Feeding Operations Act and rules promulgated pursuant
thereto.
The rules promulgated by the Board pursuant to this section
shall provide for exceptions to the storage requirements for poultry
waste in emergency situations. Such exceptions shall include , but
not be limited to, allowing a contract poultry grower to take such
actions as are necessary to meet requirements imposed on a grower by
an integrator. In such situations , growers shall be required to
take all actions feasible to prevent pollution from stored poultry
waste.
C. Every poultry feeding operation shall have a Nutr ient
Management Plan which shall include at a minimum:
1. A description of poultry waste handling procedures and
availability of equipment and type of equipment to be used;
2. The calculations and assumptions used for determining land -
application rates if land application is applicable;
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3. All nutrient analysis data for soil and poultry waste
testing;
4. Legal description and latitude and longitude of lands to be
used by an operation for land application;
5. Land-application rates of poultry waste shal l be based on
the available nitrogen and phosphorous content of the poultry waste
and shall provide controls for runoff and erosion as appropriate for
site conditions;
6. The procedures documented in the Nutrient Management Plan
shall ensure that the handling and utilization of poultry waste
complies with the following requirements:
a. adequate poultry waste storage shall be pro vided
consistent with rules promulgated by the Oklahoma
Department of Agriculture, Food, and Forestry pursuant
to subsection B of this section,
b. poultry waste shall not be applied to land when the
ground is saturated or during rainfall events.
Poultry waste shall not be applied to land when the
ground is frozen except in conformance with the
Nutrient Management Plan,
c. poultry waste shall only be applied to suitable land
at appropriate times and rates. Discharge or runoff
of waste from the application site is prohibited
evidence that the Nutrient Management Plan requires
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revisions. Timing and rate of applications shall be
based on assimilation capacity of the soil profile,
assuming usual nutrient losses, expected
precipitation, and soil conditions, and
d. poultry waste application shall be prohibited on land
subject to excessive erosion;
7. Records shall be maintained of all poultry wastes applied on
land owned or controlled by the operator, and sold or given to other
persons:
a. if the poultry waste i s sold or given to other persons
for land application or other use, the poultry feeding
operation shall maintain a log of : date of removal
from the poultry feeding operation ;, name of recipient
the poultry waste is sold or given to ;, and amount in
wet tons, dry tons or cubic yards of poultry waste
removed from the poultry feeding operation, and
b. the poultry feeding operation sh all make available to
the recipient any nutrient sample analysis of the
poultry waste from that year;
8. Any analysis required by the provisions of the Oklahoma
Registered Poultry Feeding Operations Act or rules promulgated
thereto shall be performed by a qua lified environmental testing
laboratory certified by the Department of Environmental Quality and
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approved by the Oklahoma Department of Agriculture, Food, and
Forestry; and
9. Such other information deemed necessary by the Oklahoma
Department of Agriculture, Food, and Forestry to administer the
provisions of the Oklahoma Registered Poultry Feeding Operations Act
and rules promulgated pursuant thereto.
D. 1. The Nutrient Management Plan for new or expanding
poultry feeding operations submitted after July 1, 1998, shall be
prepared by the operator or designee of the operator.
2. After the plan is submitted to the Oklahoma Department of
Agriculture, Food, and Forestry for review and approval if the
Department determines that a submitted plan needs or re quires any
corrections or modifications, the Department shall return the
Nutrient Management Plan to the operator for corrections.
3. For a renewal, if the Department determines the Nutrient
Management Plan needs or requires corrections or modifications, the
Department shall make appropriate corrections, approve the plan , and
notify the poultry feeding operation of the modifications.
E. 1. Except as otherwise provided in this subsection, a
Nutrient Management Plan for every poultry feeding operation shal l
be renewed and an updated plan shall be submitted to the Oklahoma
Department of Agriculture, Food, and Forestry every six (6) ye ars
from the date the initial or previous plan was submitted.
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2. The operator shall have the option to submit the renewed or
updated plan through the Department ’s website or a printable online
form designed by the Department.
3. A current operator may submit a one -page amendment to the
most recently submitted plan in lieu of a renewal plan through the
Department’s website, if applicable. Poultry feeding operations
submitting an amendment pursuant to this subsection shall still be
subject to the soil and poultry waste testing requirements under
subsections F and G of this section. The amendment shall contain
the following statement s:
a. no changes in the Department ’s promulgated standards
for land application of poultry waste have occurred
since the most recently submitted Nutrient Management
Plan,
b. there has been no change to the number of poultry
housed since the most recent ly submitted Nutrient
Management Plan,
c. there has been no expansion in the poultry feeding
operation since the most recently sub mitted Nutrient
Management Plan, and
d. the entirety of the poultry waste is:
(1) removed off-site as provided in the poultry
feeding operation’s annual report, as required by
subsection J of this section, and will continue
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to be removed off-site for the next six (6)
years, or
(2) land-applied and will continue to be land -applied
for the next six (6) years.
F. Every poultry feed ing operation located in a non -nutrient-
limited watershed and non -nutrient-vulnerable groundwaters shall
perform soil testing on e ach land-application area and poultry waste
testing at least once every three (3) years to determine:
1. Soil pH and plant -available nutrients including, at a
minimum, nitrogen, phosphorous , and potassium;
2. Poultry waste nutrient concentrations and moisture; and
3. Application rate based upon the Department ’s standards for
land application for poultry waste as promulgated by rules.
G. Every poultry feeding operation located in a nutrient -
limited watershed and nutrient -vulnerable groundwater shall perf orm
an annual soil test on each land -application area prior to the first
application of the calendar year. Poultry waste testing shall be
performed annually prior to the first application of the calendar
year. Soil and poultry waste testing shall be performed to
determine:
1. Soil pH and plant -available nutrients including at least
nitrogen, phosphorous , and potassium;
2. Poultry waste nutrient concentrations and moisture; and
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3. Application rate based upon the Department ’s standards for
land application of poultry waste as promulgated by rules.
H. 1. Soil and poultry waste analysis data shall be retained
by the poultry feeding operation for a minimum of six (6) years.
2. All soil and poultry waste analysis data shall be dated
prior to land application.
I. 1. Poultry feeding operations shall develop a plan for the
disposal of carcasses associated with normal mortality.
2. In the event there is an outbreak of a major disease or
other emergency resulting in deaths significantly higher than normal
mortality rates, the Oklahoma Department of Agriculture, Food, and
Forestry may approve, in writing, an alternate method of disposal of
carcasses or the storage of poultry waste during the emergency
period.
J. Every poultry feeding operation shall file by September 1 of
each year an annual report with the Department regarding all poultry
waste removed from or land -applied by the facility for the period
from July 1 of the previous year through June 30 of that year. The
report shall contain the following infor mation:
1. The date and amount of poultry waste removed from or land -
applied at the facility;
2. The type of poultry waste remov ed or land-applied, whether a
cake out, full clean out, in -house windrow or compost, poultry waste
stack shed, or other type;
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3. The county and, if applicable, the name of the Nutrient
Limited Watershed nutrient-limited watershed where the poultry was te
was produced; and
4. The location where the poultry waste is removed to:
a. if land-applied on-site, provide the following:
(1) the date of the land application,
(2) the total amount of poultry waste land -applied in
wet tons, dry tons, or cubic yards,
(3) the name, mailing address, and telephone number
of the poultry waste applicator, and
(4) the number of acres under the control of the
poultry feeding operation for land application of
poultry waste, or
b. if removed off-site, provide the following:
(1) the date of the removal off -site,
(2) the amount of poultry waste removed in wet tons,
dry tons, or cubic yards,
(3) the name, mailing address, and telephone number
of the person the poultry waste is sold or
transferred to,
(4) the name, mailing address, tele phone number, and
poultry waste applicator license number of the
poultry waste applicator, if known, and
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(5) the name, mailing address, and telephone number
of the hauler of the poultry waste.
SECTION 3. AMENDATORY 2 O.S. 2021 , Section 10-9.11, is
amended to read as follows:
Section 10-9.11. A. 1. Any person violating the provisions of
the Oklahoma Registered Poultry Feeding Operations Act shall, upon
conviction, be guilty of a misdemeanor and may be punished by a fine
not to exceed Two Hundred Dollars ($200.00) One Thousand Dollars
($1,000.00).
2. Any owner or operator who fails to take such action as may
be reasonable and necessary to avoid pollution of any stream, lake,
river, or creek, except as otherwise provided by law , or who
violates any rule adopted by the State Board of Agriculture to
prevent water pollution from poultry feeding operations pu rsuant to
this act shall, upon conviction, be guilty of a misdemeanor
punishable for each violation by a fine not less than Five H undred
Dollars ($500.00) nor more than Ten Thousand Dollars ($10,000.00),
imprisonment in the county jail for not more than six (6) months, or
by both such fine and imprisonment.
3. The Attorney General or the district attorney of the
appropriate district court of Oklahoma this state may bring an
action in a court of competent jurisdiction for the prosecution of a
violation by any person of a provision of the Oklahoma Registered
Poultry Feeding Operations Act or any rule promulgated thereunder.
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B. 1. In addition to the criminal penalties specified by this
section, the Oklahoma Department of Agriculture, Food, and Forestry
may take one or more of the following actions :
a. assess an administrative penalty of not more than Two
Hundred Dollars ($200.00) per day of noncompliance, or
pursuant to Section 2 -18 of this title for each day of
noncompliance related to administrative violati ons
including but not limited to late filing of paperwork
or incomplete paperwork,
b. assess an administrative penalty of Ten Thou sand
Dollars ($10,000.00) for each day of noncompliance
with provisions of the user ’s nutrient management plan
that has led to pollution of any stream, lake, river,
or creek, or
c. bring an action for injunctive relief granted by a
district court.
2. A district court may grant injunctive relief to prevent a
violation of, or to compel compliance with, any of the provisions of
the Oklahoma Registered Poultry Feeding Operations Act or any rule
promulgated thereunder or order, registrations , and certificates
issued pursuant to the Oklahoma Registered Poultry Feeding
Operations Act.
3. Nothing in this section shall preclude the Dep artment from
seeking penalties in district court in the maximum amount allowed by
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law. The assessment of penalties in an administra tive enforcement
proceeding shall not prevent the subsequent assessment by a court of
the maximum criminal penalties for viola tions of the Oklahoma
Registered Poultry Feeding Operations Act.
4. Any person assessed an administrative penalty may be
required to pay, in addition to such penalty amount and interest
thereon, attorney fees and costs associated with the collection of
such penalties.
5. Any administrative penalty required to be paid pursuant to
the provisions of this subsection shall be used to fu nd enforcement
of the Oklahoma Registered Poultry Feeding Operations Act.
C. 1. Any action for injunctive relief to redress or restrain
a violation by any person of the Oklahoma Registered Poultry Feeding
Operations Act, or for any rule promulgated there under, or order
issued pursuant thereto, or recovery of any administrative penalty
assessed pursuant to the Oklahoma Registe red Poultry Feeding
Operations Act may be brought by:
a. the district attorney of the appropriate district
court of the State of Oklahoma this state,
b. the Attorney General on behalf of the State of
Oklahoma this state, or
c. the Department on behalf of the State of Oklahoma this
state.
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2. The court shall have jurisdiction to determine the action,
and to grant the necessary or approp riate relief, including , but not
limited to, mandatory or prohibitive injunctive relief , interim
equitable relief, and punit ive damages.
3. It shall be the duty of the Attorney General and district
attorney if requested by the Commissioner of Agriculture to bring
such actions.
D. Except as otherwise provided by law, administrative and
civil penalties shall be paid into the State Department of
Agriculture Regulation Revolving Fund.
E. For the purposes of the Oklahoma Registered Poultry Feeding
Operations Act, each day upon which a violation is committed or is
permitted to continue shall be deemed a separate offense.
F. 1. Any contract poultry grower determined after notice and
opportunity for a hearing by the Department as flagrantly
disregarding Best Ma nagement Practices shall result in the
Department notifying the integrator in writing. Notice provided to
the integrator shall detail any remediation, education, or other
measures the grower is required to take to prevent the furtherance
of the violation and to prevent future violations. Upon receipt of
such notice, the integrator shall respond, as prescribed by the
Department, that a producer has received the notice and will work
with the grower to ensure compliance is achieved within thirty (30)
days. If the grower fails to achieve compliance of the terms of the
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notice within thirty (30) days, the integrator shall submit
correspondence to the Department detailing additional measures to
assist the grower to achieve compliance. If the Department does not
approve these additional measures or if they are approved and are
not achieved within the timeline approved by the Departme nt, the
integrator shall issue a notice of suspension -of-delivery of birds
to the grower within thirty (30) days, or give ninety (90 ) days’
notice of termination of the integrator -producer relationship to the
producer within thirty (30) days.
2. The Department may extend the time periods for compliance
pursuant to this subsection upon the request of an integrator. An
integrator who fails to comply with the provisions of this
subsection shall be assessed an administrative penalty pursuant to
Section 2-18 of this title.
3. Nothing provided in response to or in association with a
notice given pursuant to this subsection may be used as e vidence to
establish an employer -employee relationship between a grower and the
integrator with whom the grower contracts.
G. The Department shall notify all integrators of any
violations assessed against an operator who is under a contract
growing arrangement with that integrator and, upon the written
request of the integrator, notify that integrator of all violations
assessed against an operator with whom the integrator contemplates
entering into a contract.
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H. In addition to other penalties as may be i mposed by law, any
person who knowingly makes any false statement, representation or
certification form, notice or report, or who knowingly renders
inaccurate any monitoring device or method required to be maintained
by any rule promulgated by the State Board of Agriculture, shall,
upon conviction, be guilty of a misdemeanor and may be subject to a
fine of not more than Five Th ousand Dollars ($5,000.00) for each
such violation.
I. Land application of poultry litter in compliance with a
current Nutrient Man agement Plan shall not be the basis for criminal
or civil liability in this state, whether relating to that single
plan, or aggregated with the application of poultry waste pursuant
to other Nutrient Management Plans. An administrative violation
shall not be the basis for a criminal or civil action, nor shall any
alleged violation be the basis for any private right of action, nor
any action other than enforcement of the terms of the Nutrient
Management Plan and other sections of this title by the Oklahoma
Department of Agriculture, Food, and Forestry. A current plan means
a plan approved by the Oklahoma Department of Agriculture , Food, and
Forestry that has not been revoked or rescinded by the state or
suspended by a more recent plan.
1. The provisions of this subsection shall apply both directly
and vicariously to the integrator with whom a contract poultry
grower contracts, and to any poultry grower, operator, contractor
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of, or employee for a certified poultry waste applicator or a
poultry waste owner’s agent, as long as the land application is
performed pursuant to and in compliance with the current Nutrient
Management Plan.
2. Compliance with a current Nutrient Management Plan, as
determined by the Oklahoma Department of Agriculture, Food, and
Forestry, shall create a presumption that no violation of this
section has occurred and shall insulate the poultry grower,
integrator, and waste applicator from any private right of action
and shall constitute express authority for purposes of Section 4 of
Title 50 of the Oklahoma Statutes.
3. Nothing in this subsection shall be construed to restrict
the Oklahoma Department of Agricultu re, Food, and Forestry ’s
exclusive authority from enforcing the terms of Nutrient Management
Plans or the Department ’s authority to enforce the Oklahoma
Registered Poultry Feeding Operations Act and the Oklahoma Poultry
Waste Applicators Certification Ac t.
4. Nothing in this subsection shall be construed to prohibit a
civil action as otherwise provided by law for any damages caused by
a violation of a Nutrient Management Plan. A civil action shall
only be filed upon the completion of an enforcement action by the
State Board of Agriculture.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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